WCPanelIQ
PanelQMEMed-legalGranted

Miraco, Lance

LANCE D. MIRACO, Applicant vs. CITY OF SALINAS, permissibly self-insured, administered by CORVEL CORPORATION, Defendants

ADJ number
ADJ14038029
Decision date
Sep 25, 2023
District office
Salinas
WCJ
—
Claim administrator
CorVel Corporation (administrator for City of Salinas, permissibly self-insured)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: low back, right leg, heart (hypertensive cardiac disease), gastritis, gastroesophageal reflux disease, insomnia

LC §3208.1LC §3208.2LC §5303LC §5405LC §5412LC §5300LC §5301LC §5803LC §5900LC §5903LC §5908.5LC §5909LC §5901LC §5950LC §5952LC §110LC §111CCR §10507CCR §10508CCR §10845CCR §10392CCR §10940CCR §10205CCR §10205.4CCR §10205.11CCR §10206CCR §10206.3CCR §10208.5CCR §10962

Summary

Applicant, a Salinas police officer (1994-2013), claimed cumulative industrial injury to his low back, right leg, and in the form of hypertensive cardiac disease, gastritis, GERD, and insomnia. The WCJ found a single cumulative injury but set a separate date of injury of June 14, 2013 for the cardiac component and held that claim barred by the one-year statute of limitations under section 5405. The WCAB granted reconsideration, holding that the date of injury under section 5412 requires the concurrence of compensable disability and knowledge of industrial causation, neither of which existed in 2013 because the applicant had no temporary or permanent disability and no medical advice connecting his condition to work. The Board found a single date of injury of December 11, 2020 (the date of QME Dr. Curran's report), making the December 24, 2020 application timely. Compensation was held not barred by section 5405, and the award of future medical care, including for the cardiac condition, was affirmed.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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